New Parental-Leave Protections Now in Force
The Fair Work Amendment (Baby Priya’s) Act 2025 came into effect on 6 November 2025, confirming that employees now remain entitled to employer-funded paid parental leave should parents experience infant loss, at or shortly after the birth.
What the amendment means in practice
The updated law makes it clear that once an employee qualifies for employer-funded paid parental leave, the entitlement must be honoured in full. It cannot be declined, withdrawn, or altered based on changes to expected care arrangements.
Implications for employers
Employers may need to:
- Review and update parental-leave policies to ensure compliance.
- Remove any wording that ties paid leave to care responsibilities or outcomes.
- Adjust HR, payroll, and approval processes to reflect the new requirements.
- Brief managers and HR teams on the entitlement to avoid inconsistent decision-making.
Alignment with existing standards
The change brings employer-funded leave into alignment with the National Employment Standards, which already provide defined parental-leave rights regardless of the circumstances following birth.
Why this matters
The amendment provides clarity, consistency, and legal certainty. It also reduces the risk of non-compliance by setting out a single, uniform rule for all workplaces covered by the Fair Work system.
Further detail is available through the Fair Work Ombudsman and the legislative update.
Click here: Fair Work Ombudsman’s page: “Fair Work Amendment (Baby Priya’s) Act 2025”